Reprimand to the establishment for wanting to outlaw AfD: It's not constitutional

German jurists and academics have launched harsh criticisms against the country's intelligence services for classifying AfD as an "extremist organization." The measure, announced by the German Interior Ministry, opens the door to a possible ban of the political party led by Alice Widel. However, numerous constitutionalists warn that this step could violate the rule of law.

Dietrich Murswiek, a recognized expert in constitutional law, has denounced that this classification lacks sufficient legal basis. He considers the idea that the ethnic concept of people used by AfD violates human dignity to be erroneous. According to him, adopting an ethnocultural approach is not unconstitutional in itself, but a political stance offered to the political arena.

Other experts share his concern and warn about a politicized use of the law to neutralize more ideological rivals in the future, that is, a precedent. Professor Volker Boehme-Neßler called the decision "surprising and poorly founded." He also questions the timing of the announcement, just at the end of the outgoing minister Nancy Faeser's term.

Meanwhile, the Federal Office for the Protection of the Constitution (BfV) claims that AfD promotes the social exclusion of citizens with migratory roots. The official statement asserted that the party denies full German belonging to those with Muslim origins. This view, according to the BfV, represents a threat to the democratic order.

However, the agency has not published the report supporting this accusation, which has caused suspicions. Franz Josef Lindner, a professor of public law, denounced the lack of transparency in the procedure. He considers it unacceptable that the ruling remains secret while the evaluation is disclosed.

AfD responds

AfD has already filed a lawsuit against the BfV before the administrative court in Cologne. The party denounces a political maneuver to discredit it before the European elections. In the past, the judiciary has partially supported intelligence alerts, although without banning the party.

From the political world of the German country, opinions are divided, as are Western societies. While green sectors call for the banning of AfD, in the CDU they believe this would not solve the current democratic problems. On the other hand, high-ranking members of the Social Democratic Party have applauded the Interior Ministry's request.

What is certain is that this is another episode reflecting the (increasing) tension that the establishment must endure. The German case is joined by the suspension of the latest elections in Romania, as well as the attempt to remove Marine Le Pen from the race for the Élysée presidency.